The most common HOA watering violations – and how to avoid them in your yard

Many homeowners associations (HOAs) provide landscaping services, but if you're responsible for your lawn it can be a minefield to navigate the different watering laws in your HOA.

Some HOAs limit when you can water, how you water, and sometimes even if you can water at all.

I spoke to real estate experts about the most common HOA watering violations, and how you can avoid them.

Can a HOA tell me when to water?

The most common HOA watering rule is a restriction on when you can use a hose or a sprinkler. These tend to be in place to ensure a quiet development. These restrictions usually mean you can only water in the mid-morning or early evening so that the sound of sprinklers or hoses doesn't disturb the neighbors. If you live somewhere prone to drought, your HOA may also limit when you can water to certain days to try and limit the community's water usage. This is often in line with requests from local utilities or municipal law.

Real estate expert Matt Consolo told me that 'HOA watering rules vary hugely but ultimately their goal is to maintain the aesthetics of the community. Yes, they can regulate and enforce watering rules within their community and you should get to grips with the rules early on. There will be a good reason for the timings they’ve set, and understanding their logic will most likely get better results.'

If you're running a sprinkler system, the easiest way around time restrictions is to install a cheap sprinkler timer like this from Amazon. Just program it to switch on within the time limit set by your HOA and you should never fall foul of the rules.

Matthew Consolo

Matt owns Premier Point Vacations which manages properties across Florida, and he is also a licensed property broker. Alongside PPV, Matt owns and runs Dreamscape Construction and Airforce Roofing.

Can a HOA tell me how to water?

Not only can a HOA tell you when to water, they can tell you how much water to use. Matt Consolo says that a HOA 'can determine when you can and can’t water your garden, and how much water you can use.'

In fact, not only can they tell how much water you can use, but in regions prone to drought they can even limit which plants you can grow. Matt Conolo says 'You’ll find your typical HOA will be quite restrictive on the actual plants allowed. Often they’ll control watering by limiting plants to low-water varieties.' Many HOAs don't allow vegetable gardens, and watering is part of the reason.

Many HOAs limit above-ground sprinklers, so you may have to pay for pop-up sprinkler systems. A cheaper way around this is a soaker hose, like this Winisok soaker hose at Amazon, but these can also be limited by HOA laws.

However, real estate expert Seamus Nally told me 'There are restrictions, though. For example, if your area is currently going through a drought and the local government has placed temporary restrictions on watering, the authority of the local government outweighs the authority of your HOA.'

For example, in California, HOAs are required to phase out the use of drinking water to water decorative turf by 2029. This supersedes any laws in your HOA. California also has laws governing drought emergencies that prohibit HOAs from requiring that exterior surfaces be power-washed in a drought.

The best thing to do in these situations is to make sure you know your association's rules on how you can water. Buy a sprinkler system that's compliant with the HOA rules and you should avoid a fine.

Seamus Nally

Seamus is the CEO of TurboTenant, a landlord software company, and a landlord of several residential properties in upstate New York and Colorado.

Can a HOA tell me which areas of my garden I can water?

Just as a HOA can tell you when and how much to water, they can also limit where you can water. They tend to have limits on where you can plant or if you can have a garden at all, so this limits where you can water.

Matt Consolo told me that 'Your HOA can specify the areas of your garden you can water. They’ll have a planned layout that ultimately keeps the property values as high as possible. Planting in undesignated areas may impact neighborhood property prices'.

Can a HOA stop me from collecting rainwater?

These restrictions apply not only to water from a utility company or well but also to rainwater. Many HOAs have restrictions on harvesting rainwater. Real estate expert Matt Consolo told me that 'The HOA can’t stop you from harvesting rainwater, but they can limit the way it’s done.'

Some HOAs have laws about the color and style of your rain barrel, or they may have laws about how much water you can collect and store. They also usually have rules about where you can place your rain barrel, usually banning you from placing it on the front of your house. If you buy a rain barrel the same color as your house, and place it discreetly behind your house, you should be fine.

Can I get around HOA watering restrictions?

Unfortunately, there are few ways to get around HOA watering laws. Matt Consolo says 'It’s challenging to bypass HOA watering rules. As a start, review your HOA guidelines, then attend board meetings to propose changes or even seek exemptions based on your specific circumstances.'

The only real hack - and it's hardly a hack, because it requires a lot of effort - is that you are almost always usually free to use a watering can as you please, even in drought conditions. If your HOA has placed restrictions on how, when, and how much you water, a watering can offers a subtle, quiet way around these restrictions. You won't want to use it to water a big lawn, but it will help if you have flowerbeds or planters.

FAQs

Where do HOA fines go?

If you're fined by a HOA, the fines usually go on attorney's fees if needed, and any surplus usually goes into a reserve account or general fund to help fund landscaping and other costs.

Are there any states without HOAs?

There are HOAs in every state, but the fewest are found in Mississippi and West Virginia. Many states have a large body of HOA laws that limits how HOAs operate, such as Florida and California.

For more help with HOAs and regulations that might affect activities in your yard, take a look at our guide to HOAs and grill smoke.